September 8, 2010, Introduced by Reps. Pearce, Agema, Tyler, Opsommer, Lori and Stamas and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 73301 (MCL 324.73301), as amended by 2007 PA
174.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 73301. (1) Except as otherwise provided in this section,
a cause of action shall not arise for injuries to a person who is
on the land of another without paying to the owner, tenant, or
lessee of the land a valuable consideration for the purpose of
fishing, hunting, trapping, camping, hiking, sightseeing,
motorcycling, snowmobiling, using noncommercial aircraft, or
participating in any other outdoor recreational use or trail use,
or is a spectator of any of these activities, with or without
permission, against the owner, tenant, or lessee of the land unless
the injuries were caused by the gross negligence or willful and
wanton misconduct of the owner, tenant, or lessee.
(2) A cause of action shall not arise for injuries to a person
who is on the land of another without paying to the owner, tenant,
or lessee of the land a valuable consideration for the purpose of
entering or exiting from or using a Michigan trailway as designated
under part 721 or other public trail, with or without permission,
against the owner, tenant, or lessee of the land unless the
injuries were caused by the gross negligence or willful and wanton
misconduct of the owner, tenant, or lessee. For purposes of this
subsection, a Michigan trailway or public trail may be located on
land of any size including, but not limited to, urban, suburban,
subdivided, and rural land.
(3) A cause of action shall not arise against the owner,
tenant, or lessee of land or premises for injuries to a person who
is on that land or premises for the purpose of gleaning
agricultural or farm products, unless that person's injuries were
caused by the gross negligence or willful and wanton misconduct of
the owner, tenant, or lessee.
(4) A cause of action shall not arise against the owner,
tenant, or lessee of a farm used in the production of agricultural
goods as defined by section 35(1)(h) of the former single business
tax act, 1975 PA 228, or by section 207(1)(d) of the Michigan
business tax act, 2007 PA 36, MCL 208.1207, for injuries to a
person who is on that farm and has paid the owner, tenant, or
lessee valuable consideration for the purpose of fishing or
hunting, unless that person's injuries were caused by a condition
which involved an unreasonable risk of harm and all of the
following apply:
(a) The owner, tenant, or lessee knew or had reason to know of
the condition or risk.
(b) The owner, tenant, or lessee failed to exercise reasonable
care to make the condition safe, or to warn the person of the
condition or risk.
(c) The person injured did not know or did not have reason to
know of the condition or risk.
(5) A cause of action shall not arise against the owner,
tenant, or lessee of land or premises for injuries to a person,
other than an employee or contractor of the owner, tenant, or
lessee, who is on the land or premises for the purpose of picking
and purchasing agricultural or farm products at a farm or "u-pick"
operation, unless the person's injuries were caused by a condition
that involved an unreasonable risk of harm and all of the following
apply:
(a) The owner, tenant, or lessee knew or had reason to know of
the condition or risk.
(b) The owner, tenant, or lessee failed to exercise reasonable
care to make the condition safe, or to warn the person of the
condition or risk.
(c) The person injured did not know or did not have reason to
know of the condition or risk.
(6) As used in this section, "agricultural or farm products"
means the natural products of the farm, nursery, grove, orchard,
vineyard, garden, and apiary, including, but not limited to, trees
and firewood.